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Can I offer a referral program for my customers in Oregon? What are the requirements?

Referral Program Requirements in Oregon

If you are planning to offer a referral program for your customers in Oregon, you must comply with the following requirements:

  1. Registration: Referral agents who provide a referral to a client whose child is a resident of the State of Oregon or a client whose child will be placed in the State of Oregon in a “program” must be registered and obtain a Certificate of Registration with the Department if they provide referral services to a client on or after January 1, 2022, solicit prospective clients and “programs,” or collect compensation from a “program” for placement of a client on or after January 1, 2022. [1.3][2.2]
  2. Contracting with a “Program”: A referral agent must include in any contract with a “program” any provisions prohibiting the referral agent from collecting compensation for a referral to a “program” when the “program” is a subsequent program. A “program” is a subsequent program if the subject of placement enters a “program” to which the subject of placement is referred by a first referral agent, but subsequently leaves that “program,” and a new referral agent refers the subject of placement to the subsequent program. When a program referral is made to a subsequent program for a subject of placement by a new referral agent, the new referral agent must present evidence to the subsequent “program” that the first referral agent is not entitled to compensation for the referral. [1.1]
  3. General Liability Insurance: An applicant must demonstrate that they maintain at least one million dollars in general liability insurance. A referral agent must demonstrate that they maintain at least one million dollars in general liability insurance upon renewal of registration. [2.2]
  4. Program Referrals: A referral agent must provide a client with a disclosure at the same time the client is offered information, referral, or recommendation regarding a “program.” The written disclosure must meet the same standard as the disclosure that was provided to the Department as described in OAR 407-049-0030. Before a referral agent refers a client to a “program” the referral agent must review and disclose the following information as required by OAR 407-049-0030(3): (a) All licensing actions taken against the “program” or its parent company in the prior 24 months, based on direct inquiry with each agency that licenses the “program”; (b) The number of substantiated allegations of abuse, deaths and or serious injuries at the “program” in the prior 24 months, based on direct inquiry with each entity that licenses the “program” or investigates abuse at the “program”. [1.2]
  5. Background Check Requirements: Any referral agent, including any employee, owner, or operator of a referral agency who provides long term care referrals to clients, and who comes into direct contact with clients must pass a criminal background check every 24 months. [2.1]

Conclusion

To offer a referral program for your customers in Oregon, you must register with the Department, include specific provisions in your contracts with programs, maintain general liability insurance, provide program referrals disclosure, and pass a criminal background check every 24 months.

Source(s):
Jurisdiction

Oregon